Employment and labor laws in West Virginia [Updated 2024]

Labor and employment laws are designed to balance the power dynamic between employers and employees, helping to ensure fairness and safety in the workplace. While federal regulations typically provide the baseline, state-specific regulations also apply.

In West Virginia, employment and labor laws reflect a balance between employee protections and business-friendly practices. Companies operating in West Virginia are responsible for knowing and abiding by not just federal laws but also state and local regulations. 

Rippling’s Professional Employer Organization service simplifies tax registration and management, so you can focus on scaling your business in West Virginia and across the US.

Employment vs. labor law: What’s the difference?

While often used interchangeably, the terms “employment law” and “labor law” have distinct legal meanings, differentiated by the parties involved. Employment law involves the employer-employee relationship. Labor law, on the other hand, has to do with groups of employees, like labor unions. Here’s each one in more detail.

Employment law:

• Governs the individual employment relationship
• Addresses matters like wage laws, employment standards, and workplace equity
• Ensures fair hiring, termination practices, and reasonable work conditions

Labor law:

• Focuses on the collective aspect of work, primarily through unions
• Encompasses union rights, collective bargaining agreements, and labor disputes
• Balances power between the collective voice of workers and employers

Wages and hours in West Virginia

Wages and working hours are a cornerstone of employment law, ensuring workers are compensated fairly for their time and efforts. This section will cover the specifics of wage standards and overtime regulations in West Virginia, detailing how the laws apply and what businesses need to know to uphold them. 

Minimum wage in West Virginia

The West Virginia minimum wage went up to $10.00 per hour on December 31, 2023. It's expected to increase by one dollar every year until it reaches $15.00 per hour on December 31, 2028. Unlike some states where the minimum wage varies across different cities or counties, West Virginia maintains a uniform state minimum wage, simplifying compliance for employers.

When managing hourly wages, Rippling automatically identifies any minimum wage violations based on each employee’s location. This feature is particularly useful for businesses that have employees in multiple states or in states like West Virginia, where the minimum wage is higher than the federal rate.

Overtime pay in West Virginia

In West Virginia, the standard overtime pay rate is 1.5 times the regular rate of pay for any hours worked beyond a 40-hour workweek.

Rippling’s payroll system automatically applies the correct wage rates when an employee’s work hours trigger overtime requirements, helping you ensure you comply with overtime laws in West Virginia and across the US.

Pay transparency in West Virginia

Pay transparency laws are becoming common across the US as more and more states look to codify requirements for employers to share wage and salary information with job candidates and current employees.

In West Virginia, no pay transparency laws currently exist. The West Virginia House of Delegates introduced a law in 2023 that would have required all employers in the state to provide salary and wage information to job candidates who request it, but it didn’t pass.

Rippling enforces compensation bands during onboarding and flags out-of-band adjustments, so you can approve special cases and block others as needed.

Breaks and rest periods in West Virginia

Employees in West Virginia who work shifts longer than six consecutive hours are legally entitled to at least a 20-minute meal break.

Although not required by West Virginia state law for adult workers, it’s common practice to provide a short rest period—generally 10 to 15 minutes—for every four hours worked. This is particularly beneficial for employees in physically demanding roles.

Leaves of absence in West Virginia

Employers with 50 or more employees must follow the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid leave each year for recovering from a serious health condition, the birth or adoption of a child, caring for a sick family member, and other personal circumstances. To be eligible for FMLA leave, employees need to have been employed for at least 12 months and worked for a certain number of hours, typically 1,250 hours within the last 12 months.

Vacation leave

Private employers in West Virginia aren’t required to provide any time off for vacations, either paid or unpaid. However, they must honor their employment agreements if they choose to provide vacation time as an employee benefit.

Holiday leave

Employees in West Virginia aren’t entitled to time off for public holidays or extra pay for working on holidays.

Parental leave

West Virginia state law allows for employees to take up to 12 weeks of unpaid parental leave following:

• The birth of a child
• The placement of a child for adoption
• To care for a child or dependent who has a serious health condition

Employees can only take parental leave once all other personal or accrued leave has been used.

Jury duty leave

It’s illegal for an employer to fire or punish an employee for taking time off work to serve as a juror. However, jury duty leave can be unpaid.

Military leave

Employees who take time away from work to serve in the armed forces are entitled to reinstatement to their position upon their return without loss of seniority or benefits under federal law.

Pregnancy disability leave in West Virginia

The State of West Virginia requires employers to make reasonable accommodations for employees who need them for conditions related to pregnancy and childbirth.

Paid sick leave in West Virginia

West Virginia doesn’t mandate that employers offer any sort of sick leave, paid or unpaid.

Rippling can help West Virginia employers automate and customize leave policies, giving you full visibility into how employees use their leave.

Workplace safety in West Virginia

Ensuring a safe working environment is a fundamental responsibility of employers in West Virginia. Companies are bound by federal Occupational Safety and Health Administration (OSHA) guidelines, but West Virginia also has its own set of safety regulations. The West Virginia Division of Labor enforces the Occupational Safety and Health Act of West Virginia. 

Here are some key employee protections in West Virginia:

• Right to know: Employees must be informed about any hazardous substances they might be exposed to in the workplace.
• Safety training: Mandatory safety training sessions exist for employees in certain sectors, ensuring they understand the risks and the measures in place to protect them.
• Mining safety: There are specific regulations in place that govern the mining industry, including ventilation requirements, roof support, and emergency preparedness.

Rippling PEO offers convenient pay-as-you-go workers' compensation, so you don’t need to pay upfront for your plan for the entire year.

Discrimination and harassment laws in West Virginia

The West Virginia Human Rights Act prohibits employment discrimination and harassment. Protected characteristics under West Virginia law include:

• Race
• Color
• Religion
• National origin
• Ancestry
• Sex, including pregnancy
• Age (40 and over)
• Blindness or disability
• Military status

Harassment, a form of discrimination, is unwelcome conduct based on any of the above protected characteristics. Unpleasant behavior becomes unlawful when enduring it is a condition of continued employment, or the conduct is pervasive enough to create an abusive work environment.

In West Virginia, sexual harassment training isn’t required by state law for all employees. However, it’s still good practice to provide training so employees know how to recognize and prevent harassment in the workplace. Rippling’s Learning Management System (LMS) is pre-loaded with core sexual harassment training courses tailored to each state’s requirements.

It is important to note that in West Virginia, as in other states, employers are accountable for discriminatory practices or harassment in their workplaces, regardless of whether they were aware of it at the time it occurred.

Unions in West Virginia

A union is a group of workers who come together to make decisions about conditions affecting their work. Unions engage in collective bargaining, which is the process of negotiating between employers and a group of employees to regulate salaries, working conditions, benefits, and other aspects of workers' rights.

Here are some federal rights related to unions that apply to employees:

• The right to join or not join a union without fear of punishment or retaliation
• The right to organize and bargain collectively through representatives of their own choosing
• The right to strike and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection
• The right to refrain from any of these activities, except to the extent that such a right may be affected by an agreement requiring union membership as a condition of employment

Under federal law, it’s illegal for employers to threaten employees with job loss or any other penalty if they choose to join, not join, or support a union.

West Virginia is a "right-to-work" state. This means that employees can’t be compelled to join a union as a condition of employment.

FAQs about West Virginia labor and employment laws

Are independent contractors covered under West Virginia employment laws?

Under the West Virginia Division of Labor's guidance, independent contractors are not typically covered by employment laws that apply to non-exempt employees, such as those under the Fair Labor Standards Act (FLSA). This distinction also means they aren’t subject to the state’s minimum wage requirement, overtime rate, or wage payment regulations designed for traditional employee-employer relationships.

Does at-will employment exist in West Virginia?

West Virginia follows the at-will employment doctrine, meaning either the employer or the employee can terminate the employment relationship at any time for any reason, as long as it doesn’t violate the law.

What privacy rights do employees have in West Virginia?

Employees in West Virginia have the right to privacy concerning their personal leave and payday recordkeeping information. Federal laws, such as the Electronic Communications Privacy Act, also protect certain employee communications.

Are background checks legal in West Virginia?

In West Virginia, background checks are legal and common among private employers. Employers must comply with federal laws like the Fair Credit Reporting Act (FCRA) when conducting these checks and ensure they don’t discriminate against employees or job applicants. The state doesn’t have additional laws regulating background checks beyond federal requirements.

Are whistleblowers protected in West Virginia?

Whistleblowers in West Virginia are protected under both state and federal laws, such as W. Va. Code Ann. § 6C-1-1 (West) and the federal Sarbanes-Oxley Act, which discourage employers from retaliating against employees for reporting illegal or unethical practices.

Is workers’ compensation coverage required in West Virginia?

Yes, most employers in West Virginia are required to provide workers' compensation coverage. This is part of ensuring a safe work environment in accordance with the West Virginia Division of Labor regulations and the Federal Occupational Safety and Health Act (OSHA).

Are there required healthcare benefits in West Virginia?

While the Affordable Care Act (ACA) mandates certain employers to provide healthcare benefits at the federal level, West Virginia doesn’t have state-specific healthcare benefit requirements for employers beyond those federal standards.

Are West Virginia employers required to provide bereavement leave?

West Virginia law doesn’t require private employers to provide bereavement leave. Federal laws also don’t mandate this leave, so it’s typically offered at the discretion of the employer as part of their larger benefits package.

What employee protections are available in West Virginia if layoffs occur?

In cases of mass layoffs, West Virginia employees are protected by the federal Worker Adjustment and Retraining Notification Act (WARN Act), which requires employers with 100 or more employees to provide 60 days' notice for plant closings and mass layoffs. The state doesn’t have its own version of the WARN Act.

What are the child labor laws in West Virginia?

In West Virginia, minors are limited by law as to the industries they can work in and the number of hours per day they can work, particularly during school hours.

Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.